Terms And Conditions

Kmart Tyre and Auto Service offers reliable and secure roadside assistance 24 hours a day, 365 days a year. To access Kmart Tyre and Auto Service Roadside Assistance, simply call us. Please have the following information ready when you call:

Roadside Assistance under your Kmart Tyre and Auto Service membership is provided by AGA Assistance Australia Pty Ltd ABN 52 097 227 177 trading as Allianz Global Assistance (Allianz Global Assistance). Whenever you request roadside assistance under your membership, you will be making that request to Allianz Global Assistance, who will provide the services on the terms and conditions set out below. The terms and conditions contain exclusions and limitations.

Kmart Tyre & Auto Service Roadside Assistance – Gifted Plan

Eligibility criteria

If you are a member, in order to be eligible for a call out:

your vehicle must be a roadworthy well maintained vehicle; and

the call out must not relate to a pre-existing condition.

If your vehicle is not a roadworthy well maintained vehicle or the call out relates to a pre-existing condition, we may still arrange for a call out but this may be subject to an additional cost and we will inform you of the cost at or after the time of the call out.

When your membership commences, your vehicle must:

be mobile; and

not have a pre-existing condition.

If assistance is required at any time in relation to a pre-existing condition, a service fee of $100 (Inc. GST) will be charged. This service fee covers the initial callout of the roadside assistance provider only; you will not be able to access any other entitlements under your membership for any incident that: occurs at any time in relation to a pre-existing condition. Note, the limits set out in these Terms and Conditions (such as for towing) also apply. We will inform you of any extra costs that may be incurred at or after the time of the call out.

Please stay with your vehicle

Once a roadside service provider has been called, it is important that you remain with your vehicle if it is safe to do so. Should we arrive at the scene of the breakdown and the vehicle is unattended, we will be unable to carry out any work and payment may be required for any subsequent call outs to assist with the same incident. If you require assistance and have to leave your vehicle for safety reasons, please advise our customer service assistant at the time of the initial call.

Tele-assist

Once our customer service assistant receives your call, we will provide general advice about the operation of your vehicle. If your vehicle is immobilised, we will provide an over the phone diagnosis (where possible) to get your vehicle mobilised.

Roadside assistance

If our customer service assistant is unable to get your vehicle mobilised over the telephone, we will dispatch a service provider to assist in the following ways:

Flat or faulty batteries

If you find yourself immobilised with a battery problem, we will attend to your vehicle, test the battery for performance, jump start the flat battery or coordinate a battery replacement. All costs associated with a replacement battery (such as supply and delivery) will be your responsibility.

Emergency fuel delivery

If your vehicle runs out of fuel, we will deliver sufficient petrol or diesel for the vehicle to travel to the nearest available refuelling facility. In the case of LPG fuelled vehicles, we will tow the vehicle to the nearest refuelling facility, subject to the towing limits set out below. All costs incurred for a callout outside these areas are your responsibility. In the event a mis-fuelling incident occurs, we will coordinate towing at your expense.

Flat tyres

If you find yourself with a flat tyre, we will change it with the vehicles serviceable spare wheel. If your vehicle is not equipped with a spare wheel, we will transport the vehicle to Kmart Tyre & Auto Service outlet or your preferred repairer (subject to the towing/transportation limits). Should additional services be required beyond this due to multiple flat tyres, the spare tyre being unserviceable, replacement wheel studs/nuts not being available or locking wheel nut key not available, towing is provided up to the towing limits specified below.

Lost or locked keys

If you lose your keys or lock them in your vehicle, we will provide all reasonable assistance (subject to proof of ownership shown) to:

locate and deliver a spare key; or

arrange for the driver to retrieve the spare key, if this is more practical; or

gain access to your vehicle (once a consent and indemnity form has been signed by you).

In all other situations where the key is not available, we will arrange to transport the vehicle to your preferred repairer, where the appropriate entry methods may be used. We will not be responsible for any damage incurred, or for any repair costs that result from gaining access to the vehicle or moving the vehicle while it is locked. A limit of $55.00 (inc. GST) applies to this benefit. All additional costs are your responsibility.

Towing/transportation

If the vehicle cannot be mobilised at the breakdown location, we will deliver your vehicle to a Kmart Tyre & Auto Service outlet or your preferred repairer, up to a limit of 20kms from the breakdown location in metropolitan locations, or up to a limit of 50kms in regional and remote locations. All costs of towing above these limits, including subsequent tows, are your responsibility. Please note that this benefit does not apply if your vehicle has been fitted with a body that requires heavy haulage towing due to height, width or length. In those circumstances, we will coordinate towing for the vehicle, but all costs will be your responsibility.

Caravan Assistance

If your vehicle suffers a breakdown and requires transportation to a repairer, we will transport the attached caravan to the same repairer or to a location as requested by you if it’s within the initial transportation distance. Please refer to the section outlining limitations to towing. It is your responsibility to inform our customer service assistant that your vehicle is towing a caravan prior to a service provider being dispatched to assist you. If you do not tell us, you may be responsible for any/all costs associated with the caravan towing.

The roadside assistance service does not extend to any breakdown, immobilisation or related matters associated with the caravan itself, or caravan couplings where your vehicle is still mobile. To be eligible for the towing benefits outlined under this section, the caravan must not exceed the legal towing weight or dimension restrictions for a passenger vehicle transporter.

Exclusions and limitations

We provide general roadside assistance. We will not be responsible for the cost of any parts or components for the roadside repair of your vehicle, other than minor breakdown repairs. Please also note the benefits in these terms and conditions do not apply in the event of any of the following circumstances:

the vehicle not being registered on the our roadside assistance system where customer data is stored;

the vehicle being over 3.5 tonnes (GVM);

the vehicle being unregistered;

the vehicle being outside a service area;

the vehicle being unattended;

the vehicle being involved or connected to any form of motor sports (including driving on a racetrack or competing in organised road or off-road rallies);

vehicle abuse or neglect by the member (as reasonably determined by us);

the member failing to use reasonable care with the vehicle;

failure by member to conduct regular preventative vehicle maintenance or provision of inappropriate repair or maintenance to the vehicle;

repeated service calls due to member related faults;

failure by the member to comply with any instructions or directions provided with or attached to the vehicle;

accident damage, classified as impact or collision of any nature, attempted or successful theft or break in of the vehicle (except for the accident coordination assistance we agree to provide above in these terms and conditions);

failure by the member to comply with instructions reasonably provided by us or our agents or service providers;

failure by the member to comply with any applicable road laws or regulations;

assistance required in relation to trailers;

bogged vehicles, except where access is available and is trafficable by a two wheel drive recovery vehicle and no other specialist equipment is necessary. Should specialist equipment and/or towing become necessary, additional costs are your responsibility. You will be advised of this condition before we or our service provider attends the breakdown location, and provision of service is at our discretion;

heavy haulage vehicles or vehicles that, in our opinion, require a heavy haulage towing provider due to the length, width or height of your vehicle.

If you call us and ask for assistance in any of these circumstances, we may provide assistance at our discretion, but you will be responsible for the cost and must make payment in the amount and manner as advised by us. Additionally, if any of those events result in more than 5 callouts per year, we will be entitled to suspend your membership by giving you 30 days prior written notice with an explanation of the decision.

Services provided by us are also subject to:

Resources being reasonably available in the vicinity of the breakdown or problem;

Any circumstance reasonably considered to be beyond our control (including but not limited to poor weather conditions such as heavy rain, cyclonic conditions, snow fall and flooding, as well as war, strikes, civil commotion, unexpected traffic conditions and telecommunication failures);

Vehicle accident or traffic congestion;

Restricted access area requirements.

We have no obligation to pay for costs incurred in call outs where your vehicle is immobile in a workshop undergoing repairs, or undergoing mechanical or electrical repairs at your premises. We are not responsible or liable for any costs arising from work carried out by a repairer chosen by you or by a recommended repairer, and all repairs and costs for repairs undertaken by a repairer are your responsibility.

Transferring your membership

Your roadside assistance membership is not transferable. You may choose to cancel your membership at any time; however no refund will be given to you merely because you decide you do not want the membership.

Privacy

Your privacy is important to us. We collect, hold, use, and disclose your personal information in accordance with our Privacy Policy, a copy of which can be viewed on the web at HYPERLINK "http://www.allianz-assistance.com.au" www.allianz-assistance.com.au under the Privacy & Security link, or you can contact us for a copy on telephone 07 3305 7000.

By providing your personal information to us or to others who engage us to provide services to you, you agree and consent to us collecting, holding, using, and disclosing your personal information in accordance with our Privacy Policy. Without this consent, we may not be able to provide our services to you.

For example, we collect personal information from you and from others (including from entities engaged in the motor vehicle and related service industries, financial institutions, insurers, to name a few) in order to provide our services to you. Apart from arranging and providing roadside assistance services, we use your personal information for related and ancillary purposes. These purposes include to provide renewals, to handle disputes, for recovery action against third parties, for product development, marketing and promotions, research, conducting customer data analytics, and for other purposes where permitted by law. We may send your personal information offshore to third parties who assist us to carry out our business activities.

For further information including about access to your personal information, correction, and complaints, please read our Privacy Policy (see above) or contact us for assistance.

Australian Consumer Law

Despite anything contained in these terms and conditions, the Australian Consumer Law (ACL) gives you statutory rights including guarantees and remedies that cannot be excluded or modified by these Terms and Conditions. The ACL guarantees and remedies include (depending on the type of failure, fault, or defect) repair or replacement, a refund, compensation for reasonably foreseeable loss or damage, or a resupply of the goods or services if the goods or services do not meet the standards required by the ACL.

Definitions

In these terms and conditions, the following words have the following meanings:

accident: a vehicle damaged by impact or collision of any nature, or by attempted or successful theft or break in to the vehicle.

breakdown: mechanical or electrical fault which has caused the vehicle to be immobilised or become unsafe to drive (whether in transit or otherwise). Breakdown can also include a flat tyre, flat or faulty battery, a vehicle which has run out of fuel or keys which have been locked in the vehicle or lost

call out: roadside assistance provided by our customer service assistant over the telephone or by us or a service provider at or from the breakdown location.

home: your home or business address as registered on the Roadside Assistance system.

minor breakdown repairs: minor repairs of an immobilised vehicle (including components up to a cost of $20.00 (Inc. GST)) to facilitate the immediate mobilisation of the vehicle. It does not include workshop repairs which may require diagnostic equipment or parts or repairs and does not include servicing of vehicles.

mobile or mobilised: means moving or capable of moving using the vehicles own power, as intended by the manufacturer when operating normally and not in need of assistance. “Immobile” and “immobilised” have the corresponding meaning.

pre-existing condition: any condition or defect requiring assistance (including callout assistance) or which generates assistance to be required which was apparent or ought to have been reasonably suspected prior to the commencement of your membership.

recommended repairer: a Kmart Tyre & Auto Service repairer recommended by us or your preferred supplier to undertake workshop repairs to your vehicle. Allianz Global Assistance is not responsible for any costs for work carried out by a recommended repairer and all repairs and costs are your responsibility.

restricted access area: an area that is protected by security and/or other systems designed to prevent access by unauthorised people and includes areas that we do not have permission to enter (including but not limited to airports, sporting venues, protests and concerts).

roadworthy well maintained vehicle: maintained vehicle that is mechanically sound and otherwise fit to be operated and driven on Australian roads. The vehicle will comply with the minimum safety and other standards required by Australian road safety and transport laws and regulations and also be maintained and serviced by qualified personnel to the vehicle manufacturer’s recommended standard and specifications set out in the vehicle service booklet and instruction manual.

service area: an area in mainland Australia, Tasmania, and Phillip Island that is trafficable by a two wheel drive recovery vehicle or an island that is accessible by a two wheel drive vehicular bridge (excludes ferries).

service fee: the service fee is a $100 (inc. GST) amount effective September 2015. The service fee covers the initial callout of the roadside assistance provider only. All other items are at additional customer cost.

service provider: a mobile mechanic, tow truck operator or other roadside assistance provider nominated by us.

serviceable spare: a wheel and tyre that is ready and able to be fitted to your vehicle to mobilise your vehicle after changing a flat tyre.